Rafed English

Rules Regarding Permanent Marriage

Rules Regarding Permanent Marriage

2419. For a woman with whom permanent marriage is contracted, it is illegal to go out of the house without the permission of her husband, though her leaving may not violate the rights of the husband. Also she should submit herself to his sexual desires, and should not prevent him from having sexual intercourse with her, without justifiable excuse. And as long as she does not fails in her duties, it is obligatory on the husband to provide for her food, clothe and housing. And if he does not provide the same, regardless of whether he is able to provide them or not, he remains indebted to the wife.

2420. If the wife does not fufill her matrimonial duties towards her husband. she will not be entitled for food, clothes or housing, even if she continues to live with him. But if she refuses to obey occasionally, the common verdict is that even then she cannot claim any entitlement from her husband. But this verdict is a matter of problematic. In any case, there is no doubt that she does not forfeit her dower.

2421. Man has no right to compel his wife to render household services.

2422. The travelling expenses incured by the wife must be borne by the husband, if they exceed her expenses at home, and if she had traveled with the husband's permission. But the fares for travel by car or by air etc. And other expenses, which are neccessary for a journey, will be borne by the wife, except when the husband is himself inlined to take her along with him on the hourney, in which case he will take upon himself her expenses also.

2423. If the husband, who is responsible for the wife's expenses, does not provide her the same, she can draw her expenses from his property without his permission. And if this is not possible, and she is obliged to earn her livelihood, and she cannot take her case to the qualified jurist, who would compel him (even by threatening him with imprisonment) to pay the maintenance, it will not be obligatory upon her to obey her husband while she is engaged in earning her livelihood.

2424. If a man, for example, has two wives and spends one night with one of them, it is obligatory on him to spend anyone of four nights with otehr as well; in situation other than this, it is not obligatory on a man to stay with his wife. Of course, it is necessary that he should not totally forsake living with the wife. And as a precaution, a man should spend one night out of every four with his permanent wife.

2425. If is not permissible for the husband to abandon sexual intercourse with his youthful, permanent wife for more than four months, except when sexual intercourse is harmful to him, or involves unusually more effort, or when the wife herself agrees to avoid it, or if a prior stipulation to that effect was made at he time of marriage by the husband. And if this rule, there is no difference between the situations when the husband is present, or on a journey, or whether she is a wife by permanent or temporary marriage.

2426. If the dower is not fixed in a permanent marriage, the marriage is in order. And in such case, if the husband has sexual intercourse with the wife, he should pay her proper Dower which would be in accordance with Dower usually paid to women of her category. As regards temporary marriage, however, if the Dower is not fixed the marriage is void.

2427. If at the time of reciting the formula for permanent marriage, no time is fixed for paying Dower, the wife can prevent her husband from having sexual intercourse with her before reciving Dower, irrespective of whether the husband is able or unable to pay it. But if she once agrees to have sexual intercourse before taking the Dower, and her husband has sexual intercourse with her, then she cannot prevent him afterwards from having sexual intercourse without a justifiable excuse.

Share this article

Comments 0

Your comment

Comment description